Gujarat
,
Little Rann of Kutch
,
Kutch
Published :
Aug 2017
|
Updated :
Agariya Farmers in Gujarat Demand Seasonal Land Rights, Minimum Support Price for Salt
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
45000
People affected
1973
Year started
500000
Land area affected
Households affected
45000
People Affected
1973
Year started
500000
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Each year, around 12,000 Agariya families migrate to the Little Rann of Kutch for a period of eight months (from September to AprilMay) for salt farming. The Agariyas are a nomadic and denotified tribe. In 1948, the Government of India had declared that smallscale salt farmers, who have less than 10 acres or four hectares of land, do not require lease to make salt. But after Little Rann of Kutch was declared a sanctuary in 1973 and technically became a forest, the forest department allegedly started harassing the Agariyas for using its land to make salt. The salt farmers claim they have been farming salt on this land for generations. They have demanded customary seasonal user rights to farm salt in Little Rann of Kutch under the Forest Rights Act. They have submitted applications to local government bodies but have not heard anything yet. The average land use by each salt farmer is about four or five acres and they claim that they do not use more than three per cent of the total land of the sanctuary. In 2013, the Gujarat government issued a resolution saying that the government has initiated the process to create Forest Right Committees in the area for this purpose. No action has been taken so far by the committees. About 5,000 square kilometres of Little Rann of Kutch has never been surveyed, so there is a lot of confusion about the ownership of this land. The Agariyas have also demanded minimum support price for the salt produced by them on par with agricultural farmers. "Our demand will neither require conversion of any land into revenue land, nor will it divert any land from the protected forest area. Ours is a […] reasonable demand, leaving no reason for the government to deny it," a member of the Agariya community told the media. In February 2021, the Agariya farmers boycotted the local body elections as a mark of protest, contending that their produce has drastically reduced due to excess water from the Narmada river being released into their salt pans. Despite writing to the local officials and being promised compensation, there has been no follow up, they claim. Being largely left out of the benefits of most welfare schemes in the state is rooted in the basic lack of either clauses to deter exploitation in leaseholder agreements or interdepartmental coordination and longterm policy in the state.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Minimum support price for salt on par with agricultural farmers

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Forest Department, Ministry of Tribal Affairs

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Demand for legal recognition of land rights

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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